The National Agency is tasked with preventing
torture and other cruel, inhuman or degrading
treatment or punishment at places of detention. This
means that it has a preventive remit. For the
fulfilment of this task, it is necessary that the Agency’s
recommendations are implemented not only in the
facilities it visits but in all the relevant facilities across
Germany. The National Agency translates recurring
recommendations into standards. These standards are
developed on a continual basis and are intended to
provide the supervisory authorities and facilities with
benchmarks for humane detention conditions and
humane treatment of persons who are deprived of
their liberty in any of the facilities under their
responsibility. This helps achieve humane conditions
of detention and increase the effectiveness of the
National Agency’s work despite the large number of
facilities. The standards are also published on the
website of the National Agency.
To ensure the respect of human dignity, the
National Agency considers the following standards to
be indispensable:
1 – DEPORTATION
1.5 – CONSIDERATION FOR CHILDREN
AND SICK PERSONS
1.1 – DEPORTATION OF PERSONS SERVING
A PRISON SENTENCE
When deportations are to be carried out, special
consideration must be given to the needs of children
and sick persons, and suitable care should be provided.
Where persons who are required to leave the
country are currently serving a prison sentence, every
effort should be made to ensure they are deported
before the end of their sentence. At the very least, it
should be ensured that the conditions for deportation
are in place before they have fully served their prison
sentence.
1.6 – INFORMATION ON THE
DEPORTATION PROCEDURE
Information on the deportation procedure must be
provided to persons being deported – at the time of
the collection – immediately, comprehensively, in
writing and in a language they understand. This should
include the following:
The schedule of the deportation including
flight times
Information on luggage
Information on their rights during the
deportation procedure.
1.2 – INFORMATION ON THE TIME OF
EXECUTION OF THE DEPORTATION
ORDER
For humanitarian reasons, wherever individual cases
require – for example if there are children or sick
people in the family – persons required to leave the
country should be informed at least a week in advance
that their deportation is imminent.
1.7 – COMMUNICATION DURING THE
ENTIRE DEPORTATION PROCEDURE
1.3 – TIME OF COLLECTION
It must be possible for persons being deported and
prison staff to communicate during the entire
deportation procedure. The written information on
the person’s rights and the schedule of th e
deportation cannot substitute the service of an
interpreter where communication difficulties arise.
Interpreters could also be involved via telephone or
video conferencing.
Collections at night should be avoided.
1.4 – DEPORTATIONS FROM
EDUCATIONAL INSTITUTIONS,
HEALTHCARE OR CARE FACILITIES
As a rule, deportations should not be carried out
from hospitals, schools or daycare facilities.
15
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